UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 15-4148

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

JOSEPH EMMANUEL MANN, a/k/a Musa Kofi, a/k/a Mike Mann, 

a/k/a Big Mike, a/k/a Cass Musa, a/k/a Knot Musa, a/k/a 

Kofi Musa, a/k/a Gilbert S. Batten, a/k/a Joseph Emmanual 

Mann,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern 

District of Virginia, at Alexandria. T. S. Ellis, III, Senior

District Judge. (1:11-cr-00341-TSE-1)

Submitted: November 30, 2015 Decided: December 9, 2015

Before KING, DUNCAN, and KEENAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Geremy C. Kamens, Acting Federal Public Defender, Frances H. 

Pratt, Kevin R. Brehm, Assistant Federal Public Defenders, 

Alexandria, Virginia, for Appellant. Dana J. Boente, United 

States Attorney, Carina A. Cuellar, Christopher Catizone, 

Assistant United States Attorneys, Alexandria, Virginia, for 

Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Joseph Emmanuel Mann appeals the 108-month sentence imposed 

at his resentencing for conspiracy to distribute oxycodone.

Mann contends that the district court erred in determining the 

quantity of drugs attributable to him. We affirm. 

I

At Mann’s original sentencing, the district court found 

that Mann was responsible for an amount of oxycodone with a 

marijuana equivalency of at least 3,000 kilograms but less than 

10,000 kilograms, resulting in a base offense level of 34. See

U.S. Sentencing Guidelines Manual § 2D1.1(c)(3) (2011). Mann 

was in criminal history category I, and his Guidelines range was 

151-188 months. The district court imposed a sentence of 108 

months’ imprisonment, varying downward to avoid sentencing 

disparity among co-conspirators and because of Mann’s health 

issues. On appeal, Mann’s attorney filed a brief pursuant to 

Anders v. California, 386 U.S. 738 (1967). We affirmed. United 

States v. Mann, 494 F. App’x 389 (4th Cir. Oct. 3, 2012) (No. 

12-4103). 

Mann then filed a 28 U.S.C. § 2255 (2012) motion. Among 

other issues, he contended that counsel was ineffective at 

sentencing for failing to object to the calculation of drug 

quantity on the basis of United States v. Bell, 667 F.3d 431
3

(4th Cir. 2011). The district court granted the motion with 

respect to this issue and ordered resentencing.

In its memorandum on resentencing, the government asserted

that the trial testimony of two witnesses, Christopher Martino 

and James Post, established that Mann was responsible for 11,266 

80-milligram oxycodone pills, for a marijuana equivalency of 

6,038.576 kilograms. This amount placed Mann in base offense 

level 34 under the 2011 version of the Guidelines and base 

offense level 32 under the 2014 version. See USSG 

§§ 2D1.1(c)(3) (2011), 2D1.1(c)(4) (2014). In his memorandum, 

Mann claimed he was responsible for 6,946 pills but conceded 

that, even using this lower number, the marijuana equivalency 

remained the same — at least 3,000 kilograms but less than 

10,000 kilograms. He agreed with the Government that his base 

offense level would be 34 under the 2011 version of the 

Guidelines and 32 under the 2014 version. 

At the resentencing hearing, the Government stated that, 

although the parties disagreed about the exact number of 

oxycodone pills Mann had distributed, they agreed that he had 

distributed a quantity of oxycodone with a marijuana equivalency 

of at least 3,000 kilograms but less than 10,000 kilograms. 

Mann did not object to this statement, nor did he seek a ruling 

on the precise number of pills for which he was responsible. 
4

The district court determined that Mann was accountable for 

oxycodone with a marijuana equivalency of 6,038 kilograms, 

resulting in base offense level 32 under the 2014 Guidelines. 

The court stated that its finding regarding drug quantity was 

based on the trial testimony of Martino and Post concerning the 

amount of oxycodone Mann actually distributed to them. The 

court departed below the Guidelines range of 121-151 months and 

again sentenced Mann to 108 months in prison. 

II

Mann claims that the district court erred in calculating 

the quantity of drugs for which he was responsible. 

Specifically, he contends for the first time on appeal that he 

distributed only 5,293 oxycodone pills, for a marijuana 

equivalency that results in a base offense level of 30 under the 

2014 Guidelines. We conclude that, by conceding in his 

resentencing memorandum and at the resentencing hearing that he 

was responsible for an amount of oxycodone with a marijuana 

equivalency of at least 3,000 kilograms but less than 10,000 

kilograms, Mann invited any error and waived his right to raise 

this claim on appeal. See United States v. Hickman, 626 F.3d 

756, 772 (4th Cir. 2010); United States v. Herrera, 23 F.3d 74, 

75 (4th Cir. 1994). 

Even if the issue is not waived, however, we conclude that 

the district court did not commit any error, much less plain 
5

error, in its determination of drug quantity. First, the court 

used the proper methodology sanctioned in Bell to determine drug 

quantity. See Bell, 667 F.3d at 443 (when drug in question was 

obtained by conspirator through a prescription, court may base 

determination of drug quantity on amount of drugs “actually 

distributed”). Second, in concluding that Mann distributed at 

least 11,000 oxycodone pills, the court found the testimony of 

Martino, who testified that Mann distributed 9,600 pills to him 

directly or indirectly, and Post, who testified that he bought 

$50,000 worth of oxycodone pills from Mann at $30 per pill, to 

be credible. We accord this credibility determination great 

deference. See United States v. Thompson, 554 F.3d 450, 452 

(4th Cir. 2009).

III

We therefore affirm. We dispense with oral argument 

because the facts and legal contentions are adequately presented 

in the materials before the court and argument would not aid the 

decisional process.

AFFIRMED